HB 497

1
A bill to be entitled
2An act relating to pharmacy; amending s. 465.015, F.S.;
3prohibiting the ownership, operation, maintenance,
4opening, establishment, conduct, or having charge of a
5pharmacy at locations within a specified radius of certain
6pain-management clinics; providing penalties; amending s.
7465.0276, F.S.; prohibiting dispensing practitioners who
8own, operate, or are employed by certain pain-management
9clinics from dispensing at certain locations specified
10controlled substances prescribed for patients at such
11clinics; providing penalties; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (c) is added to subsection (1) of
16section 465.015, Florida Statutes, to read:
17     465.015  Violations and penalties.-
18     (1)  It is unlawful for any person to own, operate,
19maintain, open, establish, conduct, or have charge of, either
20alone or with another person or persons, a pharmacy:
21     (c)  Which is located within a 10-mile radius of a clinic
22registered under s. 458.3265 or s. 459.0137 that such person
23owns, operates, maintains, opens, establishes, conducts, or has
24charge of, either alone or with another person or persons.
25     (4)  Any person who violates any provision of subsection
26(1) or subsection (3) commits a misdemeanor of the first degree,
27punishable as provided in s. 775.082 or s. 775.083. Any person
28who violates any provision of subsection (2) commits a felony of
29the third degree, punishable as provided in s. 775.082, s.
30775.083, or s. 775.084. In any warrant, information, or
31indictment, it shall not be necessary to negative any
32exceptions, and the burden of any exception shall be upon the
33defendant.
34     Section 2.  Subsection (1) of section 465.0276, Florida
35Statutes, is amended to read:
36     465.0276  Dispensing practitioner.-
37     (1)(a)  A person may not dispense medicinal drugs unless
38licensed as a pharmacist or otherwise authorized under this
39chapter to do so, except that a practitioner authorized by law
40to prescribe drugs may dispense such drugs to her or his
41patients in the regular course of her or his practice in
42compliance with this section.
43     (b)1.  A practitioner registered under this section may not
44dispense more than a 72-hour supply of a controlled substance
45listed in Schedule II, Schedule III, Schedule IV, or Schedule V
46of s. 893.03 for any patient who pays for the medication by
47cash, check, or credit card in a clinic registered under s.
48458.3265 or s. 459.0137.
49     2.  A practitioner registered under this section who owns,
50operates, or is employed by a clinic registered under s.
51458.3265 or s. 459.0137 may not, at any location within a 10-
52mile radius of the clinic, dispense a controlled substance
53listed in Schedule II, Schedule III, Schedule IV, or Schedule V
54of s. 893.03 which is prescribed for any patient at the clinic.
55     (c)  A practitioner who violates this paragraph (b) commits
56a felony of the third degree, punishable as provided in s.
57775.082, s. 775.083, or s. 775.084. Paragraph (b) and this
58paragraph do does not apply to:
59     1.  A practitioner who dispenses medication to a workers'
60compensation patient pursuant to chapter 440.
61     2.  a practitioner who dispenses medication to an insured
62patient who pays by cash, check, or credit card to cover any
63applicable copayment or deductible.
64     3.  the dispensing of complimentary packages of medicinal
65drugs to the practitioner's own patients in the regular course
66of her or his practice without the payment of a fee or
67remuneration of any kind, whether direct or indirect, as
68provided in subsection (5).
69     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.